KINSELLA: Governments use notwithstanding clause 'against you'

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KINSELLA: Governments use notwithstanding clause 'against you'
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Section 33. Notwithstanding. Non abstante clause.

If you’ve been paying any attention at all to what’s going on, this week, you’ve been seeing the above words quite a bit .Sign up to receive daily headline news from the Ottawa SUN, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails. Postmedia Network Inc.

That reality is often misunderstood. Some citizens think the Charter establishes rules for their dealings with other citizens. But it doesn’t — court decisions and statutes do that. The Charter of Rights and Freedoms is about how governments — ranging from cabinet ministers to university administrators to police officers — treat you, as a person.

Provincial governments have broken that important promise to Canadians many times in the past. Quebec used it first, to exempt itself from the guarantees of rights and freedoms spelled out from section 2 to 15. Yukon came next, exempting itself from guarantees of equality rights. Quebec again did so multiple times — to give it a club to use against teachers and public servants.

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